Aurora mayor's vote thwarts low bidder

His deciding vote, cast after the City Council voted 5-5, came despite the protests of an attorney for the contractor that submitted the lowest bid.

Geneva Construction Co. got the $4.1 million contract to pave 27.2 miles of roads this construction season, even though James D. Fiala Paving Co. submitted a bid that was $60,000 less than the Geneva company, which also won the contract each year from 1997 to 2002.

"I voted to approve based on the fact that we have had excellent results from Geneva Construction," Stover said. "That's not to say there is any problem with Fiala. In fact, they have an excellent reputation."

Fiala Paving attorney Vincent Mancini suggested Aurora was breaking the law by not accepting the company's bid. "Ordinances and state statutes require that the lowest responsible bidder receive the contract," he said.

"The simple fact remains that this bid came in $60,000 cheaper than the next-lowest bid," Mancini told aldermen. "That's $60,000 in taxpayers' money."

John Bryan, president of Aurora-based Geneva Construction, told the council it could base its decision on past experience with his company. "We're right here and if there is a problem we're on the spot to take care of it immediately," he said, also noting his company used local workers.

State law requires municipalities to award contracts to the "lowest responsible bidder," but the city's Legal Department contends factors other than cost can be considered.

"You don't have to take the lowest bid," Assistant Corporation Counsel John Banbury said, referring to Illinois Supreme Court cases on the issue. "The law, as written, gives you discretion, as long as you exercise it within reason."

Aldermen who supported Geneva Construction over Fiala said Geneva has an asphalt plant in nearby North Aurora, while Fiala's plant is in Bolingbrook. With a closer plant, Geneva could lay asphalt at a hotter temperature, which could make it last longer, they said. They also noted Fiala planned to use subcontractors for concrete work, which aldermen said could result in delays.

But Ald. Ron Moses, a former Aurora corporation counsel who is chief counsel in charge of Midwest legal services for the Federal Highway Administration, said Fiala in its bid agreed to meet asphalt-temperature requirements established by the Illinois Department of Transportation. He also said nothing in the bid requirements ruled out subcontractors.

"We are bound by the law to award it to the lowest responsible bidder." he said.